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 Everyone who has studied the Act that the US Congress has passed sees that its provisions just cannot be reconciled with the assurances the prime minister has given to Parliament. Not only has each of these been disregarded, in several cases they have been brushed aside with condescension — I don’t want to use the word others might deem more appropriate, “contempt”.

Proliferation Security Initiative

Alluding to the requirement that we join international protocols like the Proliferation Security Initiative (PSI), the PM told Parliament, “The Proliferation Security Initiative is an extraneous issue as it is outside the framework of the July 18 joint statement. Therefore, we cannot accept it as a condition for implementing the July statement. Separately, the government has examined the PSI. We have certain concerns regarding its legal implications and its linkages with the NPT. We also have concerns with amendments to the suppression of Unlawful Activities at Sea Treaty under the International Maritime Organisation.”

Section 103(b)(3) of the final Act requires that the US Administration ensure India’s “(A) full participation in the Proliferation Security Initiative; (B) formal commitment to the Statement of Interdiction Principles of such initiative; (C) public announcement of its decision to conform its export control laws, regulations, and policies with the Australia Group and with the guidelines, procedures, criteria, and control lists of the Wassenaar Arrangement; (D) demonstration of satisfactory progress toward implementing the decision described in subparagraph (C).” Section 104 (c) (2) (F) requires that the president report the steps that India has taken in this regard.

Strategic reserves

The PM placed great emphasis on India’s right to build strategic reserves of fuel for the reactors. He told Parliament that the Americans had given the assurance that India would be enabled to do so. As he was saying this in Rajya Sabha, the two under secretaries handling negotiations with India, Robert Joseph and Nicholas Burns, were telling the Senate Committee on Foreign Relations, “Our negotiators were very clear that, while the US would be willing to provide reasonable fuel assurances designed to counter market imperfections, fuel assurances are not a ‘condition’ to any of India’s commitments under the plan — including, in particular, safeguards in perpetuity.”

A formal clause, Section 103 (b) (10), was incorporated in the Senate Bill, and is now in the final Act. It says: “Any nuclear power reactor fuel reserve provided to the Government of India for use in safeguarded civilian nuclear facilities should be commensurate with reasonable reactor operating requirements.” Enough just for “operating requirements”, not for building those pie-in-the-sky “strategic reserves”.

Uninterrupted fuel supplies

The PM told Parliament that India would be placing its reactors under safeguards “with assurances of uninterrupted supply of fuel to reactors... together with India’s right to take all corrective measures in the event fuel supplies are interrupted.” He repeated that condition four times. Even as he was doing so, American officials were telling the Senate Committee that India would have to and would be putting its reactors under safeguards in perpetuity.

Section 104(b)(2) of the Act lays down without any room for doubt that India will have to place the reactors under safeguards “in perpetuity.” This is how the pledge of the PM to Parliament about our right to build strategic reserves is disposed of in the Joint Explanatory Statement that accompanies the legislation: “On March 6, 2006, the Indian prime minister told the Indian Parliament that the US government had said that if a disruption of fuel supplies to India occurs, the US would, with India, jointly convene a group of friendly supplier countries, such as Russia, France and the United Kingdom, to pursue such measures as would restore fuel supply to India. The conferees understand and expect that such assurance of supply arrangements that the US is party to will be concerned only with disruption of supply of fuel due to market failures or similar reasons, and not due to Indian actions that are inconsistent with the July 18, 2005, commitments, such as a nuclear explosive test.”

Again, “India’s March 2006 nuclear facility separation plan stated: ‘The United States will support an Indian effort to develop a strategic reserve of nuclear fuel to guard against any disruption of supply over the lifetime of India’s reactors.’ Congress has not been able to determine precisely what was said on this matter in high-level US-Indian discussions. US officials testified, however, that the United States does not intend to help India build a stockpile of nuclear fuel for the purpose of riding out any sanctions that might be imposed in response to Indian actions such as conducting another nuclear test. The conferees understand that nuclear reactor facilities commonly have some fresh fuel stored, so as to minimise down time when reactor cores are removed. They endorse the Senate proposal, however, that there be a clear US policy that any fuel reserve provided to India should be commensurate with normal operating requirements for India’s safeguarded reactors.”

So much for the PM’s “strategic reserves”. So much for his “corrective steps”. So much for his solemn assurances to Parliament.

Parity in rights

Spinners of the government maintained that by recognising India as a state with advanced nuclear technology, and by recording that India would acquire the same rights as a country like the United States, India had been in effect recognised as a Nuclear Weapon State. The “India-specific” Additional protocol with the IAEA would formalise this position, they maintained. Section 110(1) explicitly states that the additional protocol will be in accordance with IAEA’s INFCIRC 540 — that is, the one applicable to Non-nuclear Weapon States.

Additional safeguards

The PM told Parliament, “There is no question of India signing either a safeguards agreement with the IAEA or an additional protocol of a type concluded by Non-nuclear Weapon States who have signed the NPT. We will not accept any verification measures regarding our safeguarded nuclear facilities beyond those contained in an India-specific safeguards agreement with the IAEA. Therefore, there is no question of allowing American inspectors to roam around our nuclear facilities.” He repeated this declaration twice.